Supreme Court prepares hearing on Trump removal from Colorado ballot

Posted on by Latest Political News on Fox News

The U.S. Supreme Court will soon debate whether former President Donald Trump should be removed from Colorado's primary ballot, the first of what could be several legal challenges by Trump to confront the nine justices.

At issue is whether Trump committed "insurrection" by inciting a crowd to storm the U.S. Capitol Jan. 6, 2021, and whether that would make him constitutionally ineligible to be re-elected president. That, in turn, could block him from appearing on a state primary ballot as a candidate for that office.

Oral arguments are scheduled for Thursday at 10 a.m. ET, and an expedited ruling could come within days or weeks.

The issues have never been tested at the nation's highest court and are framed as both a constitutional and political fight with enormous stakes for public confidence in the judicial system and the already divisive electoral process.

TRUMP ASKS SUPREME COURT TO KEEP NAME ON COLORADO BALLOT

The 14th Amendment, Section 3 of the Constitution states, "No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

Colorado's highest court in December ruled that clause covers Trump's conduct on Jan. 6, 2021, and therefore does apply to a president despite not being explicitly indicated in the text. 

"President Trump is disqualified from holding the office of president," the state court wrote in an unsigned opinion. "Because he is disqualified, it would be a wrongful act under the election code for the secretary to list him as a candidate on the presidential primary ballot."

SUPREME COURT TO DECIDE IF TRUMP BANNED FROM COLORADO BALLOT IN HISTORIC CASE

The issue could turn on whether the high court interprets "officer of the United States" to apply to a president's conduct in office.

Trump's legal team in its merits brief said, "The [Supreme] Court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado's lead and exclude the likely Republican presidential nominee from their ballots."

The Constitution treats the presidency separately from other federal officers, Trump's team argued.

"The president swears a different oath set forth in Article II, in which he promises to 'preserve, protect, and defend the Constitution of the United States' — and in which the word 'support' is nowhere to be found," like it appears in Section 3, Trump's team wrote.

But lawyers for the Colorado voters challenging Trump's eligibility said in response, "The thrust of Trump's position is less legal than it is political. He not-so-subtly threatens 'bedlam' if he is not on the ballot. But we already saw the 'bedlam' Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.

"Nobody, not even a former President, is above the law," the brief added, comparing Trump to a "mob boss."

Also at issue:

TRUMP BACKED BY 27 STATES IN SUPREME COURT FIGHT, WHO WARN OF 2024 'CHAOS' IF HE'S REMOVED FROM BALLOT

– Whether state courts or elected state officials can unilaterally enforce constitutional provisions and declare candidates ineligible for federal office — so-called "self-executing" authority — or is that exclusively the jurisdiction of the U.S. Congress. Also, whether Trump can be disqualified without a thorough fact-finding or criminal trial.

– Whether this issue is a purely "political" one that voters should ultimately decide.

– Whether the U.S. Senate's acquittal at his impeachment trial over Jan. 6 makes him therefore eligible to seek re-election.

– And whether Section 3 prohibits individuals only from "holding" office, not from "seeking or winning" election to office.

More than a dozen states have pending legal challenges over Trump's ballot eligibility.

At least 16 state courts and secretaries of state have already concluded his name can appear on the ballot. Colorado and Maine are the only two so far to keep his name off.

Other states are saying stay tuned. The Oregon Supreme Court earlier this year dismissed a related lawsuit but told a coalition of voters that, based on what the U.S. Supreme Court decides, they can refile again.

In conducting what are expected to be lengthy and contentious oral arguments, the justices will likely be forced to revisit the events of Jan. 6 and the pivotal speech Trump gave to supporters just before Congress was to certify the Electoral College ballots.

Trump has repeatedly claimed he was not trying to incite violence and that his speech was protected by First Amendment guarantees, especially pertinent as the top federal office holder.

The storming of the U.S. Capitol left 140 law enforcement officers injured, and lawmakers and Vice President Pence fled a mob that breached the building.

The Colorado decision has been on pause pending the U.S. Supreme Court's final ruling.

MAINE'S TOP COURT WON'T RULE ON TRUMP BALLOT ELIGIBILITY UNTIL SUPREME COURT DECISION IN COLORADO

The state's 2024 presidential primary ballot with Trump's name on the Republican ballot has already been certified by the Colorado secretary of state.

But if Trump is ultimately declared ineligible for public office before the state's March 5 primary, any votes cast in his favor would be nullified.

The Supreme Court has traditionally been reluctant to get involved in overtly political disputes, especially involving elections.

The partisan blowback over the 2000 ruling in Bush v. Gore still resonates, creating the impression among the public that many of the justices harbor partisan political intentions.

"Sometimes the Supreme Court has no choice but to be involved in the election cases because that is an area where, unlike most, the Supreme Court doesn't even have discretion over whether it takes the case," said Brianne Gorod, chief counsel at the Constitutional Accountability Center. 

"There are some voting rights and election cases that the Supreme Court is required to resolve on the merits."

It is important to note the legal debate over "insurrection" comes to the Supreme Court on a ballot eligibility question.

Special counsel Jack Smith is separately prosecuting Trump for alleged election interference leading up to the Jan. 6 riot, but the former president is not charged specifically with "insurrection" or "rebellion." The four charges he faces relate to conspiracy and obstruction. Some legal scholars have pointed out Section 3 does not require a criminal conviction to take effect.

The Supreme Court could soon be asked to decide an important component of Smith's federal case — whether Trump has "absolute immunity" for alleged crimes committed in office.

A federal appeals court is considering the question, and the issue could soon reach the high court on an expedited basis. 

Trump's criminal trial was scheduled for March 4, 2024, but it is likely any Supreme Court consideration of the issues would force a delay, perhaps past the November election.

The former president also faces a state criminal prosecution for alleged election interference in Georgia; a federal criminal prosecution in Florida for alleged mishandling of classified documents that is also led by the special counsel; and a New York state criminal case over allegedly falsifying business records for hush money payments to a porn star. 

And there are various civil claims against Trump, from lawsuits: by U.S. Capitol police officers over Jan. 6; alleged fraud involving various Trump-related businesses; and an $83 million defamation judgment stemming from an alleged sexual assault.

It is unclear if any of these cases will eventually reach the U.S. Supreme Court on appeal on the merits. Some may not be considered for years.

In the short term, any further petition with the name "Trump" on the cover could severely strain public confidence in a judicial institution designed to hover above partisan politics.

"I don't think that the court really follows the political calendar," said Thomas Dupree, a former top Justice Department attorney in the George W. Bush administration. "I think they're aware of the fact, obviously, that we're in an election year, but I don't think the fact that we're in an election year is going to be driving the outcomes of any of these decisions."

The ballot case is Trump v. Anderson (23-719).

Abbreviated Pundit Roundup: Bidenomics, baby. It’s what makes the economy hum

Posted on by Greg Dworkin

USA Today:

For President Biden, the economy goes from election liability to a potential strength in 2024

The recession that many economists predicted hasn't happened.

Consumer confidence is surging.

The stock market has soared to all-time highs.

And on Friday came a robust jobs report, with the U.S. economy adding 353,000 jobs in January, according to the Labor Department − nearly twice what was projected.

Here are some headlines on the good news:

Past 24 hours. 🇺🇸 pic.twitter.com/qo3HcEup12

— Carl Quintanilla (@carlquintanilla) February 2, 2024

The New York Times: 

January Jobs Report

U.S. Job Growth Surges

The labor market added 353,000 jobs in January, far more than expected, in a sign that economic growth remains vigorous.

The Wall Street Journal:

Jobs Growth of 353,000 Blasts Past Expectations as Labor Market Stays Hot

Unemployment was 3.7% as labor market defies predictions of significant slowdown

The Washington Post:

Labor market grew 353,000 in January, soaring past expectations

The unemployment rate has now been below 4 percent for two years -- the longest stretch since the 1960s

The economy is undeniably good. Want more proof? Look at this guy:

Kudlow on Fox Business: "We had a blowout jobs report ... I know many of my conservative friends are trying to drill holes in this report. But you know what, folks? It is what it is. It's a very strong report. Not every economic stat should be viewed through a political lens." pic.twitter.com/0w3oq51NM6

— Aaron Rupar (@atrupar) February 2, 2024

Or her:

Fox News Host Warns Republicans: Don't Run on the Economy — 'It's Good' https://t.co/ALhwViTenA

— Mike Walker (@New_Narrative) February 2, 2024

Meanwhile …

POLITICO Magazine:

30 Things Joe Biden Did as President You Might Have Missed

Drone armies, expanded overtime pay and over-the-counter birth control pills are just some of the new things Biden has ushered in as president that you might not have heard about.

Most of the work of government doesn’t go viral on social media or become fodder for TV talking heads. Every president’s administration makes changes both significant and trivial that largely escape the public’s attention — yet many have long-lasting impact.

So we asked POLITICO’s newsroom, including the reporters who track the minutiae of government policy, to tell us about the major but under-the-radar changes made so far during Biden’s tenure that most of us might have missed. And there was a lot, from building drone armies to making birth control pills available in drug stores to lowering overdraft fees and loosening restrictions on marijuana. His administration even made a big decision on the colors for Air Force One, the president’s official aircraft.

Here’s what they said. (And if you’re curious, here’s a similar list we compiled for Donald Trump’s presidency.)

Is Biden's economy creating too many jobs?

— New York Times Pitchbot (@DougJBalloon) February 2, 2024

The Daily Mail:

Mayorkas impeachment in doubt as outgoing Republican Ken Buck says he will vote AGAINST it: GOP facing disaster if one more member rejects probe over border chaos

  • 'It's maladministration. He's terrible, the border is a disaster, but that's not impeachable,' Buck told reporters
  • 'The people that I'm talking to on the outside, constitutional experts, former members, agree that this just isn't an impeachable offense,' Buck said

CNN:

House GOP skeptical Biden inquiry leads to impeachment as election draws near

A growing number of senior House Republicans are coming to terms with a stark realization: It is unlikely that their monthslong investigation into Joe Biden will actually lead to impeaching the president.

Top Republicans are not expected to make an official decision on whether to pursue impeachment articles until after a pair of high-stakes depositions later this month with Hunter Biden and the president’s brother, James. But serious doubts are growing inside the GOP that they will be able to convince their razor-thin majority to back the politically perilous impeachment effort in an election-year, according to interviews with over a dozen Republican lawmakers and aides, including some who are close to the probe.

While no formal whip count ahas been conducted, one GOP lawmaker estimated there are around 20 House Republicans who are not convinced there is evidence for impeachment, and Republicans can only lose two votes in the current House margins.

Charlie Sykes/The Bulwark:

The GOP’s Sop to Cerberus

Grassley’s comment wasn’t a gaffe.

Even as the resident senior citizen around here, I find myself wishing that I could write off Iowa Senator Chuck Grasley’s latest gaucherie as the result of senility. But no such luck.

When Grassley raised doubts about a bipartisan tax cut bill because it would make President Biden “look good,” and make it harder for Donald Trump to regain the White House, the remark hardly qualified as a gaffe in today’s GOP.

To be sure, the octogenarian seemed confused about some of the details. “Passing a tax bill that makes the president look good — mailing out checks before the election — means he could be re-elected, and then we won’t extend the 2017 tax cuts,” Grassley said. There are, however, no checks in this bill. It’s a tax credit. For children.1 The bill is also packed with goodies for businesses, making it exactly the sort of thing that Republicans from the Before Times would have enthusiastically embraced.

The legislation is so popular that it passed a bitterly divided House by a huge margin — 357-70. Now it goes to the Senate where it faces Grassley. And Trump.

At this point, the details of the bill aren’t really that important here. What Grassley was saying was that helping Trump is more important than that passing any legislation. And, despite the House vote, he reflected the central dynamic of the GOP in 2024.

  • It’s why Republicans will likely kill a border bill that includes almost everything they want.

  • It’s why they have tanked proposals to aid Ukraine and Israel.

  • It’s why they consistently opt for chaos over the more mundane business of actual governing.

It’s just the GOP’s latest sop to Cerberus.

Cliff Schecter reviews how to do a proper interview:

YouTube Video

ICYMI: FBI misses ‘hidden’ Mar-a-Lago room, and ex-Trump CFO perjury charge weighed

Posted on by Jen Hayden

What did the FBI miss in Trump’s hidden room at Mar-a-Lago?

It’s one thing to miss a closet when you’re searching a 126-room mansion, but it’s another story when it’s purposely locked.

Jim Jordan’s using subpoenas to do Trump’s dirty work again

The House Republicans are at it again.

Cartoon: Not racist

You sure about that, Nikki Haley?

Prosecutors weigh perjury charge for ex-Trump CFO Allen Weisselberg

The longtime Trump employee is reportedly angling for a plea deal.

‘That’s crazy’: Swing-state voters aghast to learn of Trump’s immunity claim

This focus group was illuminating and frankly, a little scary.

GOP congressman admits Mayorkas impeachment is bogus

Outgoing Colorado congressman found a drop of courage, but read why he still doesn't get a pat on the back.

Ken Paxton sues five Texas cities that decriminalized marijuana

In the words of Matthew McConaughey in “Dazed and Confused”: “alright, alright …” all wrong.

Republican lawsuits challenge mail ballot deadlines. Could they upend voting across the country?

Is your state going to be affected by these shenanigans?

Trump campaign to donors: Ignore what he says and just write the checks

This was a truly telling admission that Donald Trump's campaign operatives have no control over their candidate.

Adam Schiff is trying to pick his opponent—and he wants it to be a Republican

Is the California congressman pulling a "Claire McCaskill"?

Republicans get Ukraine demands met, so of course they change their minds

House Republicans found a way to smash it all to bits.

US employers added surprisingly robust 353,000 jobs in January

Much to Republicans’ chagrin, jobs are up and unemployment continues to be low.

Click here to see more cartoons.

Campaign Action

The war between Matt Gaetz and Kevin McCarthy is far from over

Posted on by Mark Sumner

The House Ethics Committee is conducting an investigation into Rep. Matt Gaetz that includes reaching out to a woman he reportedly had sex with while she was still a minor. CNN reported Thursday that this investigation is now expanding, with the committee seeking information from a former Capitol Hill staffer described both as Gaetz's “ex-girlfriend” and a “key witness.”

In CNN’s words, the investigation includes “allegations of sex crimes, drug use, and illicit benefits.” But Gaetz is reportedly adamant that the whole thing is just “payback” for his role in ousting former Speaker of the House Kevin McCarthy.

Despite the source, there may be some truth to Gaetz’s claims. McCarthy may no longer be in the House, but he is reportedly "out for blood" and going on a "revenge tour" to get back at Gaetz and others he feels betrayed him.

While members of the House Ethics Committee have declined to comment, an attorney for Gaetz’s ex-girlfriend informed CNN that she is a potential witness in the ongoing investigation. The woman’s relationship with Gaetz reportedly goes back to 2017, which is the same period in which Gaetz was reportedly involved in sexual contact with a 17-year-old girl. 

A federal probe into allegations that Gaetz was involved in sex trafficking ended in 2023, with no charges filed against Gaetz. That investigation was connected to a scheme involving Florida tax collector Joel Greenburg—a reported friend of Gaetz—who was sentenced to 11 years in prison for six federal charges including sex trafficking, identity theft, and wire fraud.

The House Ethics Committee resumed its investigation into Gaetz in June 2023, several months before McCarthy was ousted. According to private correspondence that The Daily Beast reviewed, Gaetz told a friend that his effort to undercut and remove McCarthy from the speaker position was payback for launching the ethics probe. Gaetz ultimately forced the vote that ousted McCarthy, and was obviously pleased with the outcome.

“We heard Speaker McCarthy say that he wanted us to ‘Bring it on!’ Gaetz told reporters after the vote ended McCarthy’s term as speaker. “So I guess we did.”

In addition to the satisfaction of seeing McCarthy sidelined, the move also seems to have generated an infusion of cash for Gaetz. According to Politico, six of the eight Republican House members who voted to oust McCarthy saw an increase in small-dollar fundraising over the next quarter. Gaetz had a quarter-over-quarter jump of $725,000 from donors giving under $200. 

In December, the angry and humiliated McCarthy resigned from the House. But even though Gaetz won the battle, McCarthy doesn’t seem to be finished with the war.

Vanity Fair describes McCarthy as “out for blood,” and Politico says he is overseeing an effort to find primary challengers for the “Gaetz Eight.”

The New Republic calls it McCarthy’s “revenge tour” and says he knows exactly who he is targeting first: Reps. Nancy Mace, Bob Good, and Eli Crane. McCarthy’s allies judge these three to be the most vulnerable. Mace may be at the front of the line because she is described as having been a member of McCarthy’s “inner circle” before she voted for his removal.

After being removed from office and resigning from the House, McCarthy may seem to be a less-than-fearsome opponent when it comes to launching a campaign of revenge. However, previous to his ouster, he was known as the Republican’s best fundraiser. According to The New Republic, McCarthy is still able to tap his donor network to power primary challenges to those against the Republicans on his hit list. There are even indications that McCarthy’s vengeance tour could continue beyond this election cycle, as he works his way through Gaetz’s supporters. 

Whether or not McCarthy is successful, the idea that the best Republican fundraiser is busy raising funds to take down Republican incumbents seems like a very good thing for Democrats, as well as another battle in the Republican’s intraparty warfare. 

Maybe McCarthy should pick up a yellow jumpsuit and a katana.

Campaign Action

EMILY's List has been devoted to electing pro-choice Democratic women for 40 years, a mission that's grown only more critical since the fall of Roe. Joining us on "The Downballot" this week is Christina Reynolds, one of EMILY's top officials, to tell us about how her organization recruits, supports, and advises women candidates at all levels of the ballot nationwide. Reynolds explains the unique challenges women face, from a lack of fundraising networks to judgments about their qualifications that never seem to stick to men. She tells us how Dobbs has—and hasn't—changed campaigning for EMILY's endorsees and spotlights a wide range of key races the group is involved in this year.

Embedded Content

Fox News Politics: President Potty Mouth

Posted on by Latest Political News on Fox News

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's Happening?

- Biden admin sent money to Hamas-linked group soon after Oct. 7 attack

- Texas holding the line

- Haley and Trump trade shots

President Biden's thoughts about former President Trump appear to be more vulgar behind closed doors than in public, despite him and other Democrats routinely calling for "civility" and "decency" in politics.

During conversations with his confidantes, Biden lets his temper flare and refers to Trump as a "sick f---" among other expletives, according to reports this week.

On Biden's first day in office, he lectured his staff about the importance of respect: "I am not joking when I say this, if you are ever working with me and I hear you treat another colleague with disrespect, talk down to someone, I promise you I will fire you on the spot. On the spot. No ifs, ands or buts," he said. 

$51 MILLION: Biden admin sent millions to Hamas-linked UNRWA after Oct. 7 attacks, before halting funding …Read more

‘TOO LITTLE TOO LATE’: Ohio politicians react to Biden visiting East Palestine after 1 year …Read more

FACT-CHECK: Snopes' Biden blunder is the latest example of fact-checkers getting the facts wrong …Read more

BIDEN'S 'TEST': Young liberal activists are 'disillusioned' with Biden, 'mad' about war in Gaza …Read more

HOMELAND INSECURITY: Hesitant Republicans could sink Mayorkas impeachment effort …Read more

'HOLD THE LINE': Texans in Congress rally around Gov. Abbott amid feud with Biden administration over border …Read more

ALLEGED MISCONDUCT: House committee subpoenas Fulton County DA Fani Willis …Read more

'A WASTE OF CARBON': Top Republicans blast Biden for replacing John Kerry with John Podesta who called CCP official a 'friend' …Read more

TRADING SHOTS: Haley and Trump trade shots over who's 'the weakest general election candidate ever' …Read more

FUNDING FIGHT: Trump, Haley battle for big donors while Biden campaign sits on massive cash reserve …Read more

HALEY'S GOALPOSTS: Haley aims to finish 'a little bit closer' to Trump in South Carolina's Republican presidential primary …Read more

'BRAZEN ATTACK': Senate grills Justice Dept., DHS over illegal migrants' 'brazen' NYC cop attack: ‘Will they be deported?’ …Read more

'JUST YELLING AT ME': Bill Maher says a 'pretty famous' person lashed out at him for 'platforming' Republicans on his HBO show …Read more

'DIFFICULT MOMENT': Deadline arrives for Fani Willis to respond to 'improper' affair allegations: what we know so far …Read more

SENTENCED: Ex-CIA engineer sentenced to 40 years for leaking docs to Wikileaks, child porn possession …Read more

CONCEALED CARRY: South Carolina Senate passes open carry bill with addition of free gun training classes …Read more

Subscribe now to get Fox News Politics newsletter in your inbox.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.

The Hitchhiker’s Guide to the House trying to impeach Mayorkas next week

Posted on by Latest Political News on Fox News

House Republicans are aiming to tee up debate and a floor vote next week to impeach Homeland Security Secretary Alejandro Mayorkas.

As of this Friday, the House Rules Committee has not officially put impeachment on its schedule for Monday. But Fox is told that that could happen over the weekend if Republicans are satisfied with the whip count on impeachment. At this stage, the Rules Committee is only slated to prep a health care bill for the floor at its meeting Monday. The two impeachment articles must go to the Rules Committee before heading to the floor.

If the Rules Committee prepares the articles of impeachment on Monday, the full House could debate and vote on impeaching Mayorkas as early as Tuesday. If the Rules Committee meeting slips to Tuesday, then floor action on Mayorkas will likely shift to Wednesday. 

And even if the Rules Committee convenes on Mayorkas, the House won’t necessarily need to bring those articles of impeachment to the floor right away if the GOP brass is concerned about the vote count. 

MAYORKAS IMPEACHMENT ARTICLES APPROVED BY COMMITTEE, SETTING UP FULL HOUSE VOTE

The decision to go to the floor is about the math. 

Rep. Brian Higgins, D-N.Y., resigns Friday to run an arts organization in western New York. When the House returns on Monday, it will have 431 members — 219 Republicans and 212 Democrats. That’s a seven seat majority. And the retirement of Higgins helps the GOP make the math work in their impeachment quest. With a delta of seven seats between the majority and minority, Republicans can now lose three votes on their side and pass something without assistance from Democrats. The margin was two votes prior to Higgins stepping down. 

But it’s more complicated than that. 

It is doubtful that House Majority Leader Steve Scalise, R-La., will be back next week after receiving cancer treatments. Rep. Hal Rogers, R-Ky., should return after being injured in a car accident. But there are always a handful of members out on any given day for health and other reasons. So if Republicans go to the floor to impeach Mayorkas, they need to make sure everyone who is a yea on impeachment is present. Rep. Ken Buck, R-Colo., is a no right now. Johnson told Fox Business Friday morning that he would work on Buck this weekend. 

So, if things go the way the GOP leadership wants, the House could vote on Tuesday or Wednesday to impeach Mayorkas. If the leadership doesn’t put impeachment on the floor, the math won’t work. 

Keep in mind that the Republican hand could either get better or worse if for some reason the House doesn’t vote next week on impeachment. 

There is a special election in New York on February 13 to replace former Rep. George Santos, R-N.Y., who was expelled. Former Rep. Tom Suozzi, R-N.Y., is running against GOP nominee Mazi Melesa Pilip. If Suozzi wins, the GOP majority shrinks again. But a Pilip victory serves as a Republican reinforcement. 

HESITANT REPUBLICANS COULD DERAIL MAYORKAS IMPEACHMENT EFFORT

If and when the House votes, it considers two articles of impeachment. One accuses Mayorkas of disregarding the law. The other charges Mayorkas of lying to Congress, saying the border was secure. 

The House will likely vote on each article separately. Mayorkas would be impeached if the House adopts either article. Moreover, the House does not always approve both articles of impeachment in such an inquest. In 1997, the House only adopted two of the four articles of impeachment leveled against former President Clinton. 

Think of impeachment as an indictment. It’s then up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial. 

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet member, Secretary of War William Belknap in 1876. 

If the House approves impeachment articles, it must next take a separate vote to appoint "impeachment managers." It then dispatches the article or articles of impeachment to the Senate. 

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors. 

Fox is told that the House wants to get the impeachment articles to the Senate quickly after the vote. The Senate is trying to consider a major border security bill next week. So there could be a bit of a parliamentary traffic jam as the Senate potentially grapples with both the border bill and maybe the start a Senate trial. But it’s also possible a trial could wait until the week of Feb. 11. 

T,his scenario produces a rather shocking split screen. The Senate is dealing with a border security bill as it entertains an impeachment trial against the Homeland Security Secretary. 

OHIO SENATE CANDIDATE SAYS GOP IMPEACHING ‘TRAITOR’ MAYORKAS A ‘NO BRAINER’: ‘GROTESQUELY UNQUALIFIED’

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Dome to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate. 

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas." 

The articles are then presented to the Senate and the managers are introduced. That is all which usually happens on the first day of a Senate trial – although Fox was told the Senate might try to squeeze everything 

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But Fox is told that could happen on day one in this instance. 

According to Senate rules, the "trial" must begin the day after the Senate receives the articles at 1 p.m. Trials are supposed to run Monday through Saturday. There were Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021. 

It is unlikely that U.S. Chief Justice John Roberts will preside over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray, D-Wash., will preside over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all: How much of a trial is there? 

Senate Majority Leader Chuck Schumer, D-N.Y., ducked questions from yours truly last fall about what a potential impeachment trial for President Biden or Mayorkas would look like. 

Schumer again sidestepped a question this week when asked if he would "hold" a trial. "Let’s wait and see what the House does," replied Schumer. 

But regardless, the Senate cannot immediately bypass a trial. If the House impeaches, the Senate is compelled to at least receive the impeachment articles, the House managers and swear-in the senators. 

At that point, the Senate can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. 

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd, D-W.Va., made a motion to dismiss the charges. 

In 2010, the Senate was on the verge of launching an impeachment trial of former federal judge Samuel Kent, but he resigned after the House impeached him and before the Senate began the trial. The House notified the Senate it did not want to continue with the trial. So the Senate eventually conducted a vote to discharge itself of responsibilities regarding Kent. 

The Senate could so something similar this time. 

But here’s the rub: There will eventually be either a vote to convict or exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that Fox polling data revealed that border security was the number-one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Pa., Tammy Baldwin, D-Wisc., Jacky Rosen, D-Nev., and Kyrsten Sinema, I-Ariz. – if she runs.

But first, we have to see if the House has the votes to impeach. Everything hinges on that.

Graham grills DOJ, DHS over illegal migrants’ ‘brazen’ NYC police attack: ‘will they be deported?’

Posted on by Latest Political News on Fox News

FIRST ON FOX: Senate Judiciary ranking member Lindsey Graham, R-S.C., is demanding answers from the Department of Justice and Department of Homeland Security on the agencies’ actions on the illegal migrants, who attacked New York City police officers, freed without bail. 

"I was saddened but not surprised to hear about the latest consequences of President Biden's illegal immigration crisis - a violent beat-down near Times Square in New York of several NYPD officers by a dozen migrants," Graham wrote in a letter to Attorney General Merrick Garland and Homeland Security Secretary Alejandro Mayorkas, asking what their respective agencies will do in response to the "brazen attack." 

"Will the aliens who perpetrated this attack be deported?" Graham asked. "If so, when? If not, why not?"

ILLEGAL MIGRANT FLIPS MIDDLE FINGERS AFTER BEING CHARGED WITH ATTACKING NYPD IN TIMES SQUARE

The Justice Department and DHS did not immediately respond to Fox News Digital's requests for comment on the letter. Makorkas faces a possible impeachment vote in the House after the House Homeland Security Committee cleared a resolution for his impeachment this week. 

Over the weekend, a pair of New York City police officers were attacked by at least seven illegal migrants near Times Square. The suspects were later released without bail following their arrest. 

Surveillance footage released by the New York Police Department shows an NYPD officer and lieutenant telling the group to move along about 8:30 p.m. Saturday on West 42nd Street in Manhattan, the New York Post reported. A scuffle ensues as the officers are seen apparently trying to subdue someone on the ground. 

NYC MIGRANTS ARRESTED FOR ASSAULTING POLICE FLEE TO CALIFORNIA UPON RELEASE: REPORT

The suspects are then seen kicking the officers before running off before being arrested a short time later. The NYPD identified the suspects to Fox News Digital as Darwin Andres Gomez Izquiel, 19, Kelvin Servat Arocha, 19, Wilson Juarez, 21, Jhoan Boada, 22, and Yorman Reveron, 24.

They were all charged with assault and released without bail, sources said. The Manhattan District Attorney's Office told Fox News Digital that an investigation into the incident is ongoing. 

SUSPECTED ILLEGAL MIGRANTS LAND BOAT ON SAN DIEGO BEACH AND FLEE INTO WEALTHY VILLAGE

Leaving police custody on Thursday, Boada gave the news cameras a double-handed middle finger as he walked past and smirked at reporters and photographers outside the Midtown South Precinct in Manhattan. He was wearing a black Los Angeles Lakers shirt and khakis leaving the precinct station. He has a tattoo on his left forearm.

Fox News Digital’s Louis Casiano contributed to this report.  

Hesitant Republicans could derail Mayorkas impeachment effort

Posted on by Latest Political News on Fox News

House GOP leaders are closely watching a few Republican lawmakers ahead of their expected vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas next week.

With just a razor-thin majority and all Democrats likely to oppose the measure, Republicans will have to be in near lock-step to pass what would be a historic vote. A Cabinet official has not been impeached since 1876.

Rep. Ken Buck, R-Colo., told reporters on Thursday morning that he is a "solid" no on impeaching Mayorkas. 

He criticized the Biden official for his handling of the southern border crisis, but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense." 

MAYORKAS SLAMS ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE 

At least four other Republicans are still undecided, at least publicly. 

The office of Rep. David Joyce, R-Ohio, leader of the moderate Republican Governance Group, told Fox News Digital on Friday that he "has met with Chairman Green and is reviewing the material that they have provided."

House Financial Services Chair Patrick McHenry, R-N.C., has not told reporters how he would vote. Reps. Dan Newhouse, R-Wash., and Tom McClintock, R-Calif., also declined to say which way they were leaning earlier this week.

Fox News Digital reached out to McHenry, Newhouse and McClintock's offices for an update but did not immediately hear back.

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

House Speaker Mike Johnson, R-La., has been dealing with one of the thinnest House majorities in history over the last several weeks. With absences on the GOP side and the departures of three former lawmakers, Johnson has been walking a tightrope of just a two-seat majority.

However, he got some breathing room recently with longtime Democratic Rep. Brian Higgins, D-N.Y., resigning, effective Friday. 

Majority Leader Steve Scalise, R-La., who was receiving treatment linked to his cancer diagnosis, and Rep. Hal Rogers, R-Ky., who has been recovering from a car accident, are expected back in the House soon as well.

It would be a massive blow to the House GOP's emphasis on the border crisis if the Mayorkas impeachment were to fail in the House.

KEY REPUBLICAN COMES OUT IN FAVOR OF IMPEACHING MAYORKAS, SAYS HE SHOULD BE 'TRIED FOR TREASON'

House Republicans are pushing to impeach Mayorkas over accusations of willfully disregarding the law to allow the migrant crisis to foment.

The effort has received support from the vast majority of House Republicans. Rep. Don Bacon, R-Neb., a key moderate who was also on the fence about impeaching the Cabinet secretary, told reporters earlier this week that he'd back it as well.

"I intend to," Bacon said when asked about it on Tuesday. "Because we have a disaster at the border. And I would say there's so many laws on the books that he could enact or enforce, and he does not."

GOP congressman admits Mayorkas impeachment is bogus

Posted on by Walter Einenkel

House Republicans caught some friendly fire on Thursday, when Rep. Ken Buck of Colorado went on MSNBC to say that GOP members pushing for Homeland Security Secretary Alejandro Mayorkas’ impeachment would not get his support. Calling the process “wrong,” Buck told MSNBC’s Chris Jansing, “This is not a high crime or misdemeanor. It’s not an impeachable offense. This is a policy difference.”

The Colorado Republican went so far as to admonish his party, saying, “If we go down this path of impeachment with a Cabinet official, we are opening a door, as Republicans, that we don’t want to open.” When asked if he might change his mind, Buck said that unless new evidence materialized, it was unlikely since he has done his “due diligence” and doesn’t see any impeachable actions on the part of the secretary.

YouTube Video

Republicans have repeatedly admitted that their attacks on Mayorkas are purely political. The idea that there might be legal reasons for impeachment seems to have escaped them entirely. For their part, House Democrats have been using these circus impeachment proceedings to point out how deleterious this political theater is to our country while also reminding voters about the absurd “solutions” that  Donald Trump and his MAGA lawmakers have for our country’s problems—the same problems Republicans are choosing not to address with policy, in favor of this this stunt impeachment.

Buck, who is retiring and leaving his seat to the wolves, now seems free to point out some of the more egregious actions of his fellow Republicans. He joins the GOP officials who have fallen out of favor with their political party—for not setting the world on fire—and who have become prone to pointing out how crappy their new members are. 

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It is primary season, and Donald Trump seems pretty low energy these days. Kerry and Markos talk about the chances of Trump stumbling through the election season and the need to press our advantage and make gains in the House and Senate. Meanwhile, the right-wing media world is losing its collective minds about Taylor Swift registering younger Americans to vote!

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